s_tra_2017a_2017-05-02t14:02:00z1 Hearing Summary

Date: 05/02/2017

Location: SCR 352

02:03 PM -- SB17-290



Senators Scott and Donovan, co-prime sponsors, explained SB17-290 regarding engineers and excavation plans. They explained that the bill modifies current laws related to engineering plans that include excavation to require that the plans contain more specific information about the location of underground facilities, are officially stamped by an engineer, and are given to the excavator.



Senator Scott introduced and moved two amendments on the bill: L.001 (Attachment A) and L.002 (Attachment B). He discussed the need for good data, maps, and other locating devices for identifying underground facilities. Senator Donovan cited safety concerns and provided examples of builders and developers coming across unexpected underground lines and cables. The sponsors answered questions from the committee.



17SenateTran0502AttachA.pdf 17SenateTran0502AttachB.pdf



02:25 PM -- Michael Gifford, representing Associated General Contractors, spoke in opposition to the bill. He discussed concerns about the bill in relation to the design-build project delivery model and liability.



02:28 PM -- Herb Atchinson, representing the city of Westminster, spoke in opposition to the measure. He discussed his experiences as an engineer and problems with unreliable drawings of underground utilities. He further expressed concerns about insurance and the role of local government in the bill.





02:33 PM



Senator Donovan explained that Amendment L.001 clarifies plan specifications and that Amendment L. 002 narrows the scope of the bill to state or local government.



02:35 PM -- Dan Hodges, representing the Colorado Association of Municipal Utilities, spoke in opposition to the bill. He suggested that the sponsors and stakeholders collaborate and find a way to improve the measure over the interim.



02:37 PM -- Dave Loseman, representing the city of Westminster, spoke in opposition to the bill. He expressed concerns about cost and the burden placed on structural engineers. He reported that there are already protections under the law for unmarked utilities.





02:40 PM



Senator Scott withdrew his motion for Amendment L.002 and presented and moved Amendment L.003 (Attachment C).



17SenateTran0502AttachC.pdf



02:41 PM -- Marilyn Reimer, representing the American Council of Engineering Companies of Colorado, spoke in opposition to the bill. She stressed the need for a broader conversation on this issue to avoid unintended consequences.



02:45 PM -- Andrew Sylvest , representing the American Council of Engineering Companies of Colorado, spoke in opposition to the measure. He supported the intent of the bill, but said there needs to be more collaboration and "buy-in." He relayed that most other states address these issues through design standards.





02:48 PM



Senator Donovan explained amendment L.003 and its intent to narrow the scope of the bill.



02:51 PM -- Michael Griffith, representing Griffith Structural, LLC, spoke in opposition to the bill. He relayed his experience as a civil engineer and reported that the bill is too broad.



02:51 PM -- Karen Harris, representing the Colorado Chapter of the American Institute of Architects, testified in opposition to the bill. She expressed concerns about costs, especially for small projects, and far-ranging impacts on affordable and senior housing. She emphasized that this is a complex issue that should not be fixed in a hurry.



02:56 PM -- Nikolas Remus, representing the Colorado Chapter of the American Institute of Architects, spoke in opposition to the bill. He stated that the bill places a heavy burden on architects and reported concerns about Colorado Department of Regulatory Agencies requirements.



03:01 PM -- Scott Shay, representing the Colorado Chapter of the American Institute of Architects, made himself available for questions.



03:02 PM -- Evan Goulding, representing the Special District Association, testified against the bill. He stated that the bill places requirements in the wrong section of the statutes. He suggested that both sides of the issue work together to find a better solution.



03:06 PM -- Kevin Bommer, representing the Colorado Municipal League, spoke in opposition to the bill. He discussed policy implications, the role of municipalities, unfunded mandates, and the burden placed on engineers. He answered questions from the committee.



03:12 PM -- Dianna Orff, representing the Colorado Mining Association, testified against the bill. She discussed increased liability insurance premiums.



03:15 PM -- Richard Davis, representing Mountain Valley Contracting, testified in support of the bill. He relayed that the issue of properly identifying underground utilities is an on-going one and needs further discussion. He answered questions from the committee and discussed the 811 Utility Locating Service.



03:20 PM -- Diane Hills, representing Diamond Excavating, Inc., spoke in favor of the measure. She gave examples of finding unmarked and abandoned lines as well as discussed risk and safety concerns. She emphasized that utility owners need a better mapping strategy.





03:30 PM



The committee took a brief recess.





03:32 PM



The committee reconvened. Senator Scott and Donovan made closing remarks. They stressed the need for better identification of underground utilities, but indicated that they would take stakeholder concerns into consideration.





03:36 PM



Senator Scott withdrew his motion on Amendments L.001 and L.003 and moved to lay over the bill to May 13, 2017.

03:39 PM



The committee adjourned.